To set aside a CCJ, you file Form N244 at the County Court that issued the judgment, pay a £313 court fee, and attach a witness statement explaining your grounds. You need to show either that the judgment was entered in procedural error (a mandatory ground, with no time limit) or that you have a real prospect of defending the claim and a good reason for not responding the first time (a discretionary ground, where delay counts against you). A district judge then decides at a short hearing whether the judgment stands.
When You Have Grounds to Apply
The Civil Procedure Rules split set-aside applications into two categories, and which one you fall into shapes everything that follows.
Mandatory Grounds
The court must set aside a default judgment if it was wrongly entered. That covers three situations: you filed an acknowledgment of service on time but judgment was entered anyway, you filed a defence on time but judgment was entered anyway, or you had already paid the full amount owed before judgment was entered.1Civil Procedure Rules. Part 13 – Setting Aside or Varying Default Judgment There is no time limit, and you don’t need to show you have a defence to the underlying claim. The judgment was procedurally wrong, so it has to go.
Discretionary Grounds
If the judgment wasn’t entered in error but you still have reason to challenge it, the court may set it aside where you can show a real prospect of successfully defending the claim, or some other good reason for the judgment to be reconsidered.1Civil Procedure Rules. Part 13 – Setting Aside or Varying Default Judgment
The most common scenario is never receiving the claim papers, often because the creditor sent them to an old address. Serious illness or extended absence from home can also work. The court will look closely at how quickly you applied once you learned about the judgment. There is no fixed deadline, but unexplained delay weakens your case, particularly if reopening the matter would disadvantage the claimant.
If You Accept the Debt, Set Aside Isn’t the Right Route
Setting aside is for people who shouldn’t have had the judgment entered against them. If you owe the money and the problem is that you can’t afford the ordered payments, apply to vary the judgment using Form N245 instead. That changes the repayment schedule based on your income and essential expenses. The CCJ stays on your record, but it keeps the creditor from escalating to bailiffs or wage deductions as long as you keep up with the revised payments.
Separately, if you can pay the full amount within one month of the judgment date, you can have the CCJ removed from the register entirely. Write to the court with proof of payment, or use Form N443 with a £19 fee.2GOV.UK. County Court Judgments – CCJs and Your Credit Rating Pay after that window and the judgment can be marked “satisfied” but stays on the register for the full six years.
Filling in Form N244
The N244, formally an “application notice,” is available on GOV.UK.3GOV.UK. Make an Application to a Court (Application Notice) – Form N244 You’ll need the claim number from your court paperwork, the names of the parties, and a clear statement of what you want. Something like: “set aside the County Court Judgment dated [date] and give the defendant permission to file a defence.”
The form asks for your grounds. Keep it specific. On mandatory grounds, name the condition: that you filed in time, or that the debt was already paid when judgment was entered. On discretionary grounds, cover both why you didn’t respond originally and why you have a viable defence now.
The Witness Statement
Discretionary applications stand or fall on the witness statement attached to the N244. Three things need to come across clearly: when and how you first found out about the CCJ, why you didn’t respond to the original claim, and what your defence to the debt actually is.
The defence section is the one applicants most often underdevelop. The court is looking for a “real prospect” of defeating the claim, not vague disagreement. If you dispute the amount, give figures. If the debt was settled, say when and how. If you have a counterclaim, outline it. Attach anything that supports you: bank statements, correspondence with the creditor, medical records, or proof that you notified the creditor of a change of address.
The Fee and Help Paying It
The court fee for an N244 is £313.4GOV.UK. EX50A – Civil and Family Court Fees If you’re on a low income or receive certain benefits, you may qualify for a reduction or full exemption. Apply using Form EX160 from GOV.UK or any court office, and send it in with your N244.5GOV.UK. Apply for Help With Court and Tribunal Fees – Form EX160
Filing and Serving
Send the completed N244, your witness statement, supporting documents, and the fee to the County Court hearing centre that issued the original judgment. Post or in-person filing both work, and some courts accept online filing.
Once filed, you have to serve a copy on the claimant, meaning deliver the documents to them, usually by post. Keep proof you did it; the court will expect confirmation. If you don’t have the claimant’s current address, check the original claim form or any letters from their solicitors.
The court will acknowledge your application and in most cases list it for a hearing. You may get directions first, such as a deadline for the claimant to file evidence in response.
At the Hearing
Set-aside hearings are usually short, often under 30 minutes, in front of a district judge who has already read your N244 and witness statement. The claimant or their solicitor may attend to oppose you.
Bring originals of everything you filed plus any further evidence. The judge will ask why you didn’t respond to the original claim and what your defence is. Stick to the facts. Judges deal with these applications routinely and are looking for honesty and a credible explanation, not legal polish.
Mandatory grounds tend to produce a quick result: the judge confirms the procedural error and sets the judgment aside. Discretionary applications involve more scrutiny, because the judge has to weigh your explanation, the strength of your proposed defence, how quickly you applied, and any prejudice to the claimant.
What the Judge Can Decide
If the application is granted, the CCJ is treated as though it was never entered. The entry comes off the Register of Judgments, Orders and Fines and your credit file is updated.6GOV.UK. County Court Judgments – Cancel the Judgment Any enforcement in progress, including bailiff visits or wage deductions, stops. The claim itself doesn’t disappear though. The case reopens, you’ll have a deadline to file your defence, and the dispute proceeds as a normal court claim from there.
The judge can also grant the application with conditions, for example ordering you to pay the judgment amount into court as security while the case is re-heard, or imposing a strict timetable for your defence. Breach the conditions and the judgment can be reinstated.
If the application is refused, the CCJ stands and the creditor can carry on enforcing it. The court may order you to pay the claimant’s costs of responding, so an unsuccessful attempt carries a real downside. An appeal is possible but goes through a separate process with a higher threshold: you’d need to show the judge made an error of law or reached a decision plainly wrong on the evidence.